The next group covers general provisions and new clauses. Clause 10 provides for the parliamentary procedure to be used for the regulation-making powers in the Bill, while clause 11 provides for the short title, commencement and extent.
Amendment 2 is consequential to new clauses 1 and 2, which I will speak to in a moment. The amendment would change the commencement provisions so that those new clauses would come into force at Royal Assent.
New clause 1, tabled by the hon. Member for Fermanagh and South Tyrone (Tom Elliott), concerns the definition of a victim in relation to the role of the Commission for Victims and Survivors. When it comes to the past, it is clear that victims should be our first priority. I am aware that the definition of a victim is a matter of contention.
The legislation that currently deals with the concept of a victim in the context of legacy matters in Northern Ireland is for the purposes of the Commission for Victims and Survivors. The Victims and Survivors (Northern Ireland) Order 2006 was passed by the previous Labour Government. This is now a devolved matter and therefore the responsibility of the Northern Ireland Assembly. Accordingly, the Commission for Victims and Survivors is the responsibility of the First Minister and the Deputy First Minister.
Under the order, “victim and survivor” means a person appearing to the commission to be a person who was physically or psychologically injured as a result of a conflict-related incident, who regularly provides substantial care for such a person, or who is bereaved as a result of a conflict-related incident. It includes persons who are psychologically injured as a result of being a witness to an incident or of providing medical or emergency assistance to a person in connection with an incident.
Under that definition, it is possible for someone who was a perpetrator of violence, or a member of their family or their carer, to be defined as a victim, and to benefit from the commission’s assistance. We believe
that there is a clear distinction between innocent victims and perpetrators, just as we have stated that we will never accept equivalence between those who sought to defend democracy and those who attempted to destroy it.
Members of the House will be aware of the significant progress made on legacy issues during the Stormont House talks towards the end of 2014. That included the Northern Ireland Executive agreeing to the recommendation from the Commission for Victims and Survivors of a new mental trauma service better to meet needs in that area. Advocate-counsellor assistance was also agreed for victims and survivors, to provide support and to help individuals to access relevant services.
I know that the definition remains highly controversial with not only the Northern Ireland parties, but many people in Northern Ireland and the rest of the United Kingdom. In my recent discussions, it has been very much a live concern for the parties, but it did not form any substantive part of the two rounds of talks that led to the Stormont House and “Fresh Start” agreements.
As a devolved matter, any change to the definition would require cross-community support in the Assembly, and I am sure Members will agree that the matter is best resolved by the political parties in Northern Ireland. The establishment of the institutions agreed under the Stormont House agreement still represents the best chance of making progress on these matters.
New clause 5 relates to members of the armed forces, victims and survivors. I do not think I need to clarify further for colleagues my empathy and respect for members of our armed forces. I welcome the support that the DUP and others are evidencing by raising these issues today. It is vital that they know their interests are represented here and at Stormont.
The dedication, professionalism and courage of the armed forces were key factors that ensured that terrorism did not succeed during the troubles. More than 1,000 members of the security forces lost their lives during Operation Banner, securing and maintaining the rule of law in Northern Ireland. Without those sacrifices, and those of a great many others who served in the armed forces during the troubles, the peace process would simply not have succeeded.
Section 75 of the Northern Ireland Act 1998 is about promoting equality of opportunity, and the need to ensure people are not disadvantaged. I have made it a priority in my time as Minister to listen and respond to the concerns of serving and retired members of our armed forces. They are concerned about a rewriting of the past and about a one-sided approach to resolving legacy issues. They are concerned that there should never be a repetition of the circumstances that occurred during the troubles.
There has been no indication that former or serving servicemen and women have been adversely affected by section 75, so the Government do not think it is right to alter it.
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The Government cannot support the proposal becoming law. We would not want the status of members of the armed forces in Northern Ireland to become the subject of political controversy, and the measure would give rise to a real risk of creating difficulties where none currently exist. The best way to deal with the concerns
that members of the armed forces have raised with me is for all parties to deliver on the commitments in the Stormont House agreement. That includes a historical investigations unit, which will address the perceived one-sided nature of the status quo by investigating all outstanding troubles-related deaths, in chronological order, unless there is a good reason not to do so. It includes the commitment by the Northern Ireland Executive to explore the idea of a victims’ pension. Many former servicemen and women feel that they are the forgotten victims of the troubles, and that provides an appropriate recognition of their status.
The commitments also include improved support services for those defined as victims, who often suffer from mental trauma. I was delighted to learn this week that Combat Stress has been awarded a grant of £500,000 from LIBOR funding to roll out mental health services in Northern Ireland and to make sure that those service personnel who may feel that they are not being prioritised or receiving the service they deserve do in fact get that delivered. I have pushed for that since I was first appointed and I am delighted that we can now, I hope, improve their lot.